An Act To Amend The Code Of Criminal Procedure, Article 27 Of The Pre-Trial Detention Act Of 20 July 1990 And Article 837 Of The Judicial Code, With A View To Streamline The Procedure Before The Court Of Assizes

Original Language Title: Loi modifiant le Code d'instruction criminelle, l'article 27 de la loi du 20 juillet 1990 relative à la détention préventive et l'article 837 du Code judiciaire, en vue de rationaliser la procédure devant la cour d'assises

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Posted the: 2001-03-17 Numac: 2000009755 Department of JUSTICE June 30, 2000. -Act to amend the Code of criminal procedure, article 27 of the law of 20 July 1990 on pre-trial detention and article 837 of the Judicial Code, with a view to streamline the proceedings before the Court of Assizes ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted en we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
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2. articles 242, 243, 244 and 261 of the Code of criminal procedure are hereby repealed.
S. 3. article 269, paragraph 2, of the Code, is replaced by the following provision: «the so called witnesses will be heard in the manner provided for in articles 317 et seq..»
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4. article 291 of the Code is replaced by the following provision: «art.» 291 - the judgment with reference to the Court of Assizes is served to the accused and the other parties.
This service must be made in person if the accused is detained. » Art. 5. article 292 of the Code is replaced by the following provision: «art.» 292. - the Attorney general and the other parties have the right to an appeal in cassation against the judgment on the reference to the Court of Assizes. In all cases, this appeal will be brought within fifteen days of the meaning provided in article 291, by a declaration made at the registry of the Court of appeal in the manner provided in article 417. » Art.
6. an article 292bis, worded as follows, shall be inserted in the same Code: «art.» 292bis. - the declaration must state the subject of the appeal.
Without prejudice to article 416, paragraph 2, this appeal cannot be lodged against the decision of referral to the Court of Assizes, and in the following cases: 1 ° if the fact is not qualified crime by law;
2 ° If the Crown has not been heard;
3 ° If the judgment was not made by the number of judges established by law;
4 ° If the legal provisions relating to the use of languages in judicial matters have not been met;

5 ° If the rules of the contradictory procedure provided for in article 223 have not complied.
» Art. 7. an article 292ter, worded as follows, shall be inserted in the same Code: «art.» 292ter.-as soon as it has been received by the Registrar, the expedition of the judgment shall be forwarded by the Attorney general at the Court of appeal to the Attorney general at the Court of cassation, which will be held to decide all cases postpone. » Art. 8. article 293 of the Code, as amended by the Act of 10 October 1967, is replaced by the following provision: «art.» 293 - the president will be able to question the accused. In this case, the interrogation is witnessed by a minutes signed by the president, the Registrar, the accused and if applicable, the interpreter. » Art. 9 Article 294 of the Code, as amended by the Act of January 22, 1975, is replaced by the following provision: «art.» 294 - the Attorney general is served on the accused by a single feat of the indictment and the summons to appear before the Assize Court. This service must be made in person if the accused is detained. » Art. 10. article 295 of the Code is replaced by the following provision: "the quotation period is two months, unless the parties expressly renounce.
If this deadline is not respected and that a party invokes this non-compliance no later than the opening of the session and before any exception or defence, the president of the Court of Assizes fixed ex officio, by order, a new date and time for the opening of the session.
The accused may waive this deadline before the opening of the session by a declaration made at the registry of the Court of first instance of the place where sit the Assize Court. Where the accused is detained, this declaration may be made in the manner prescribed by the law of July 25, 1893 relating to statements of appeal or appeal in cassation of the persons detained or interned. » Art. 11. article 296 of the same Code, repealed by the Act of 12 March 1998, was re-established in the following wording: «art.»
296 - after the dismissal, the accused retains the right to communicate freely with his counsel. » Art.
12. article 297 of the same Code, repealed by the Act of 12 March 1998, was re-established in the following wording: «art.» 297 - the accused and the injured party have the right to consult the file at the registry.
If they so request, the accused, as well as the civil party may obtain free of charge a copy of the file. » Art. 13. article 298 of the Code, repealed by the Act of 12 March 1998, was re-established in the following wording: «art.» 298 - president, considers the incomplete statement or if new evidence revealed since its end, may order all acts of instruction it deems useful, with the exception of an arrest warrant. Minutes and other parts or documents gathered during this extra instruction are deposited at the registry and attached to the record of the proceedings.
The Clerk shall inform the Attorney general and the parts of this deposit and shall issue to each of the parties a free copy of the additional folder. » Art. 14. article 299 of the same Code, repealed by the Act of 12 March 1998, was re-established in the following wording: «art.» 299. - before the opening of the session, the president may, either ex officio or at the request of the Crown, the accused or the injured party, order the reference to a subsequent session of a case that is not in a State to be judged or extend the date on which to begin discussions. » Art.
15. articles 302 to 306 and 309 of the Code are repealed.
S. 16. in the title of book II, title II, chapter IV, of the same Code, the words "the judgment" are replaced by the words "the judgment."
S. 17. a 312bis article as follows, is inserted in the same Code: «art.» 312bis. - before it is method to read in article 313, the parties must specify by finding the means referred to in article 235A, they can submit to the trier of fact. The Court shall immediately decide on these. The application for judicial review of that judgment is formed while the application to quash the final judgment referred to in article 373. » Art. 18. article 313 of the Code is replaced by the following provision: «art.» 313 - immediately after, the president may order the clerk read the order for reference.
Circulated to each juror a copy of the indictment and, if one exists, of the Defence Act.
The Attorney general reads the indictment and the accused or his counsel Act of defense. » Art.
19. article 314 of the Code is repealed.
S. 20A article 317 of the Penal Code, are made the following amendments: 1 ° in the paragraph 1, the words 'in the order established by the Attorney general"are replaced by the words"in the order established by the president. "
2 ° article is supplemented by the following paragraph: 'However, the president may allow or invite persons heard as an expert or witness to have, during their testimony, notes that were previously filed or hearing and that are attached to the folder.
» Art. 21. in article 318, paragraph 2, of the same Code, "the Attorney general and the accused" shall be replaced by the words "the Attorney general, the civil party and the accused."
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22. article 319 of the Code is replaced by the following provision: «art.» 319 - the president may ask the witnesses and the accused all the clarifications that it deems necessary to the manifestation of the truth.
Judges and jurors have the same Faculty, asking the floor to the president. The accused and his counsel may ask questions of the witness through the president. The Attorney general, the civil party and his Council can question, either the witness or the accused, through the Chairman.
However, the president may prohibit some questions being asked. » Art. 23. article 320 of the Code is replaced by the following provision: «art.» 320 - after each deposition, the president asked the witness if he persists in his statements. If this is the case, it will ask the Attorney general, the accused and the civil party if they have comments on what has been declared.
The president may direct the witness, after his deposition, to remain available to the Assize Court until it is withdrawn in the deliberations room. » Art. 24A article 321 of the Code, are made the following amendments: 1 ° 1st paragraph is repealed;
2 ° paragraph 2 is replaced by the following provision: "citations at the request of the accused will be at their own expense, as well as the salaries of the witnesses, if they require;
except for the Attorney general and the president to make witnesses at their request the them will be indicated by the accused or civil party, in cases where they deem that their declaration might be useful for establishing the truth. » Art. 25. in article 322 of the Code are made the following modification: has) paragraph 1, which becomes the § 1, is complete as follows: "7 ° of the civil party;
8 ° of children less than 15 years. (' b) paragraph 2, which becomes the § 2, is replaced by the following: "the hearing of persons to the § 1 cannot be a cause of nullity when the Attorney general, the civil party, nor the accused objected to the hearing.".
In the event of opposition from the Attorney general or, one or more of the parties president can hear these people off oath. Their statements are regarded as simple information. (' c) inserted a § 3, as follows:

« § 3. Children 15 years of age and legal prohibitions cannot be heard under oath. » Art. 26. article 323 of the Code is repealed.
S. 27. in article 326, paragraph 1, of the Code, the words "the accused may request, after they have deposited, only those designated by him" are replaced by the words "the accused and the injured party may request, after witnesses have deposited, that those they designate.
S. 28. in article 332, paragraph 2, of the Code, the words "the accused and the Attorney general" are replaced by the words "the accused, the civil party and the Attorney general.
S. 29. in article 343, paragraph 2, of the Code, the words "his assessors' shall be inserted between the words 'and with' and the words ' the accused'.

S. 30. article 354 of the Code is replaced by the following provision: «art.» 354 - when a witness who has been quoted does not appear, or when a witness is deceased, the president may read this witness statements made during the statement, even from those made under oath. Except opposition of the parties, the president may decide that a witness who has been cited, and which appear, will not be heard in his testimony.
Under the same condition, he may decide that there is not place to hear his testimony the person called to testify by application of article 269, paragraph 1. » Art. 31 A section 355 of the Code, the following changes are made: 1. in paragraph 1, the words ", even by body" shall be deleted;
2. paragraph 2 is deleted.
S. 32. in the heading of section 2, the words "the judgment" are replaced by the words "the judgment."
S. 33. article 364 of the same Code is supplemented by the following subparagraph: "On proposal of the president, it is then decided, the absolute majority of the formulation of the reasons leading to the determination of the sentence."
S. 34. in the same Code is inserted an article 364bis, worded as follows: «art.» 364bis. - any judgment of conviction will mention the reasons leading to the determination of the sentence. » Art. 35. the title of chapter V of title II of book II of the Code is replaced by the following: "chapter V: default and of the opposition procedure.
S. 36. article 381 of the Code, repealed by the law of 10 July and 10 October 1967, is restored in the following wording: «art.» 381. - when the date fixed for the opening of the proceedings, an accused who is not in a State of detention does not, the president of the Assize Court makes on the field an order that the accused will be judged by default.
It will be then proceeded as indicated in chapter IV of this title. » Art.
37. article 382 of the same Code, repealed by the law of 15 may 1838, was re-established in the following wording: «art.» 382 - the judgments of the Court of Assizes on the conviction of the accused by default will be served on it.
The default convict may be opposition as laid down in the 187. » Art. 38. article 383 of the same Code, repealed by the law of 15 may 1838, was re-established in the following wording: «art.» 383 - the opposition will be served on the Attorney general and the parties against whom it is directed. » Art. 39. article 384 of the same Code, repealed by the law of 15 may 1838, was re-established in the following wording: «art.» 384 - case is set in the usual ways at a forthcoming session of the Court of Assizes.
» Art. 40. article 385 of the same Code, repealed by the law of 15 may 1838, was re-established in the following wording: «art.» 385 - the Assize Court, sitting without the assistance of the Board, shall decide on the admissibility of the opposition. If the opposing party or counsel representing does not appear, the opposition will be declared void.
If the opposition is received, the conviction is declared void and the case is tried in accordance with the provisions of chapter IV of this title.
» Art. 41. Chapter II of title IV of book II of the Code is repealed.
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42. A article 27, § 1, of the pre-trial detention Act of 20 July 1990, amended by law of 11 July 1994 and 12 March 1998, the following changes are made: 1 ° to 3 °, a) is replaced by the following provision: "a) since an order made in accordance with article 133 of the Code of criminal procedure until the Assize Court ruled definitively."
2 4 ° ° is repealed.
S. 43. article 837 of the Judicial Code is supplemented by a paragraph 4 as follows: "the suspension of judgments and operations provided for in paragraph 1, terminates if the right due pursuant to section 269.1 of the Code of registration fees, mortgage and registry is not paid within eight days of the consignment referred to in article 838, paragraph 1.".
Promulgate this Act, order that it itself coated seal to the State and published by le Moniteur.

Given to Brussels, 30 June 2000.
ALBERT by the King: the Minister of Justice, M. VERWILGHEN Scellé the seal of the State: the Minister of Justice, Mr. VERWILGHEN _ Notes (1) 1996-1997 Session: House of representatives.
Parliamentary papers: 49-1085/1: Bill of Mr Reynders, J.J. viewfinder and Duquesne.
(2) 1997-1998 session: House of representatives.
Parliamentary papers: 49-1085/2 to 5: amendments.
(3) 1998-1999 session: House of representatives.
Parliamentary papers: 49-1085/6-9: amendments.
49 1085/10: report on behalf of the Committee.
49 1085/11: text adopted by the commission - art. 77 of the Constitution.
49 1085/12: text adopted by the commission - art. 78 of the Constitution.
49 1085/13: amendments.
49 1085/14: articles adopted in plenary - art. 78 of the Constitution.
49 1085/15: text adopted in plenary meeting and transmitted to the Senate.
Parliamentary Annals. -Discussion and adopted with amendments. Meetings on 27 and 28 January 1999 February 4, 1999.
See also: 49-1954-98/99: text adopted in plenary meeting and transmitted to the Senate - art. 77 of the Constitution.
Senate.
Parliamentary papers: 1-1267/1: draft transmitted by the Chamber - exercise of the right of evocation.

1-1267/2: amendments.
1-1267/4: note.
1-1267/3: amendments.
(4) 1999-2000 session: Senate.
Parliamentary papers: 2-282/1: project submitted by the Chamber under the previous legislature and noted sunset - exercise of the right of evocation.

2-282/2: amendments.
2 282/3: report on behalf of the Committee.
2 282/4: text adopted by the commission.
2 282/5: amendments retabled after the approval of the report.

2 282/6: text amended by the Senate and returned to the room.
2 282/7: draft transmitted by the Chamber.
2 282/8: report on behalf of the Committee.
2 282/9: decision to join the project réamendé by the Chamber.
Parliamentary Annals. -Discussion and adoption with amendments. Meetings of 22 and 23 March 2000. Discussion and adoption without amendments. Meeting of June 22, 2000.
House of representatives.
Parliamentary papers: 50-542/1: draft amended by the Senate.
50 542/2 to 5: amendments.
50 542/6: report on behalf of the Committee.
50 542/7: text adopted by the commission.
50 542/8: text adopted in plenary meeting and transmitted to the Senate.
Parliamentary Annals. -Discussion and adoption with amendments. Meeting of June 8, 2000.

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